Federal Register / Vol. 71, No.
126 / Friday, June 30, 2006 / Rules and Regulations
duration of the events. In the event that
these safety zones affect shipping,
commercial vessels may request
permission from the Captain of the Port
Buffalo to transit through the safety
zone.
Requests must be made in advance
and approved by the Captain of Port
before transits will be authorized. The
Captain of the Port may be contacted via
U.S. Coast Guard Sector Buffalo on
channel 16, VHF–FM. The Coast Guard
will give notice to the public via a
Broadcast to Mariners that the
regulation is in effect.
Dated: June 13, 2006.
S. J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. E6–10280 Filed 6–29–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 412 and 424
[CMS–1306–CN2]
RIN 0938–AN82
Medicare Program; Inpatient
Psychiatric Facilities Prospective
Payment System Update for Rate Year
Beginning July 1, 2006 (RY 2007) Final
Rule; Correction
AGENCY: Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Correction of final rule.
SUMMARY: This document corrects errors
in the final rule that appeared in the
May 9, 2006 Federal Register entitled
‘‘Inpatient Psychiatric Facilities
Prospective Payment System Update for
Rate Year Beginning July 1, 2006 (RY
2007).’’
DATES: Effective July 1, 2006.
FOR FURTHER INFORMATION CONTACT:
Dorothy Colbert, (410) 786–4533.
Matthew Quarrick, (410) 786–9867.
SUPPLEMENTARY INFORMATION:
I. Background
FR Doc. 06–4202 (71 FR 27040)
(hereinafter referred to as the RY 2007
final rule), includes errors that are
identified and corrected in the
‘‘Correction of Errors’’ section below.
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The correction of errors identified in
this correction notice do not change any
policies contained in the RY 2007 final
rule. Rather, the corrections merely
conform the regulations text and
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37503
preamble to the final policies. The
provisions of this correction notice are
effective as if they had been included in
the final rule. Accordingly, the
corrections are effective July 1, 2006.
II. Summary of Errors
In the RY 2007 final rule, we made
several typographical errors including:
Referencing FY instead of RY, IRF
instead of IPF, and provided the
incorrect cross reference for
§ 424.14(c)(iii) instead of § 424.14(c)(3).
In the response to the comments
section, we incorrectly stated that ‘‘IPFs
that did not train interns and residents
during the time period of the IPF’s most
recent cost report filed before November
15, 2005 would receive an FTE cap of
zero.’’ The correct date that should be
referenced is November 15, 2004, as
stated in the regulations text at
§ 412.402 (definition for ‘‘new graduate
medical education’’ program).
We are revising the regulations text
for § 424.14, Requirements for inpatient
services of inpatient psychiatric
facilities, in order to be consistent with
the policies we finalized in the
preamble but mistakenly neglected to
include in the final draft. First, we are
revising § 424.14 to indicate that the
patient continues to need, on a daily
basis, active treatment furnished
directly by or requiring the supervision
of inpatient psychiatric facility
personnel. Secondly, we are removing
the phrase ‘‘or other professional
services that can only be provided on an
inpatient basis’’.
In Addendum B, we are correcting the
RY 2007 CBSA based wage index for the
SSA State/County Code for 11680 and
11691 to read 0.9198 instead of 0.91981.
In Addendum C, Table 1, we displayed
the wage index tables by CBSA. We are
clarifying that these are the final wage
index values for RY 2007 effective July
1, 2006, and not the proposed values as
indicated by the titles of the tables. We
also inadvertently omitted two counties
from a CBSA in Addendum C, Table 1.
In addition, in the Provisions of the
Final Rule, we inadvertently did not
indicate that we were making revisions
to § 424.14. However, we addressed
these changes in the preamble and
included them in the regulations text of
the RY 2007 final rule.
III. Correction of Errors
A. Preamble Corrections
In the RY 2007 final rule, make the
following corrections:
1. On page 27064, in column 1, at the
end of the second full paragraph, line 2
from the bottom, ‘‘FY’’ is corrected to
read ‘‘RY’’.
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2. On page 27068, in column 3, in the
second full paragraph, in line 16, add a
close parenthesis after § 412.624(e)(4).
3. On page 27069, in column 3, in the
second response, in line 5, ‘‘November
15, 2005’’ is corrected to read
‘‘November 15, 2004.’’
4. On page 27074, in column 1, in
paragraph 4, in line 2 from the bottom,
‘‘IRF PPS payments’’ is corrected to read
‘‘IPF PPS payments.’’
5. On page 27077, in column 3—
a. In line 1, ‘‘§ 424.14(c)(iii)’’ is
corrected to read § 424.14(c)(3).
b. In lines 2 and 3 from the top,
remove the words ‘‘the physician will
also recertify that.’’
Correction of Provisions of the Final
Rule
1. On page 27080, in column 3—
a. After the ‘‘ECT policy Payment’’
section but before the ‘‘Section 412.402
Definition’’ section, insert the following:
Section 424.14 Requirements for
inpatient services of inpatient
psychiatric facilities
In § 424.14, we are finalizing the title
from ‘‘Requirements for inpatient
services of psychiatric hospitals’’ to
‘‘Requirements for inpatient services of
inpatient psychiatric facilities.’’
We are finalizing that, for the
purposes of payment under the IPF PPS,
we are requiring that all IPFs (distinct
part psychiatric units of acute care
hospitals and CAHs and psychiatric
hospitals) follow the physician
certification and recertification
requirements as specified in § 424.14.
We are finalizing the modification to
§ 424.14(d)(2) to require the first
recertification as of the 12th day of
hospitalization. Subsequent
recertifications will be required at
intervals established by the hospital’s
UR committee (on a case-by-case basis
if desired), but no less frequently than
every 30 days.
We are finalizing the content
requirement of physician certifications
at § 424.14(c)(3) by adding the following
language: ‘‘the patient continues to
need, on a daily basis, active treatment
furnished directly by or requiring the
supervision of inpatient psychiatric
facility personnel.’’
b. Move ‘‘Section 412.402 Definition’’
section after ‘‘Section 412.27 Excluded
psychiatric units: Additional
requirements’’ and before ‘‘Section
412.428 Publication of updates to the
inpatient psychiatric facilities
prospective payment system.’’
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 37504 Federal Register / Vol. 71, No. 126 / Friday, June 30, 2006 / Rules and Regulations
B. Corrections to the Regulations Text
■ Accordingly, 42 CFR chapter IV is
corrected by making the following
correcting amendments to part 424:
PART 424—[CORRECTED]
■ 1. The authority citation for part 424
continues to read as follows:
Authority: Secs. 1102 and 1871 of the
Social Security Act (42 U.S.C. 1302 and
1395hh).
§ 424.14 [Corrected]
■ 2. In § 424.14 paragraph (c)(3), in lines
2 and 3, ‘‘inpatient psychiatric care’’
should be corrected to ‘‘treatment’’.
■ 3. In § 412.14 paragraph (c)(3), in lines
3 and 5, remove the parentheses.
■ 4. In § 412.14 paragraph (c)(3), in lines
5 through 7, remove the words, ‘‘or
other professional services that can only
be provided on an inpatient basis’’.
C. Corrections of Addenda
Addendum B
1. On page 27095, in column 8 for
2006 CBSA-based wage index, in lines
23 and 25 from the bottom, the entries
(with the subscript) ‘‘0.91981’’ are
corrected to read ‘‘0.9198.’’
Addendum C
1. On page 27134 through 27156,
Table 1, the title ‘‘Proposed Wage Index
For Urban Areas Based On CBSA Labor
Market Areas’’ is corrected to read
‘‘Wage Index For Urban Areas Based On
CBSA Labor Market Areas.’’
2. On page 27152, Table 1, second
column, for CBSA 42644, 11 lines from
the bottom, insert ‘‘King County, WA’’
and ‘‘Snohomish County, WA’’
underneath the heading ‘‘Seattle-
Bellevue-Everett, WA’’.
3. On page 27156, Table 2, the title
‘‘Proposed Wage Index Based On CBSA
Labor Market Areas For Rural Areas’’ is
corrected to read ‘‘Wage Index Based On
CBSA Labor Market Areas For Rural
Areas.’’
IV. Waiver of Proposed Rulemaking
and Waiver of 30-Day Delay in the
Effective Date
We ordinarily publish a notice of
proposed rulemaking in the Federal
Register to provide a period for public
comment before the provisions of a rule
take effect in accordance with section
553(b) of the Administrative Procedure
Act (APA) (5 U.S.C. 553(b)). However,
we can waive the notice and comment
mstockstill on PROD1PC61 with RULES
procedures if the Secretary finds, for
good cause, that the notice and
comment process is impracticable,
unnecessary or contrary to the public
interest, and incorporates a statement of
VerDate Aug<31>2005 15:09 Jun 29, 2006 Jkt 208001
the finding and the reasons therefore in
the notice.
The policies and payment
methodology expressed in the RY 2007
final rule have previously been
subjected to notice and comment
procedures. This correction notice
makes changes to conform the
regulation text to the policies described
in the preamble of the RY 2007 final
rule. This correction notice also revises
the preamble of the RY 2007 final rule
to make clarifications, correct
references, and correct typographical
errors. This correction notice does not
make substantive changes to the policies
or payment methodologies that were
adopted in the RY 2007 final rule. This
correction notice is intended to ensure
that the RY 2007 final rule accurately
reflects the policies adopted in the final
rule. Therefore, we find it unnecessary
to undertake further notice and
comment procedures with respect to
this correction notice.
We are also waiving the 30-day delay
in effective date for this correction
notice. We ordinarily provide a 30-day
delay in the effective date of the
provisions of a notice. Section 553(d) of
the Administrative Procedure Act
ordinarily requires a 30-day delay in the
effective date of final rules after the date
of their publication in the Federal
Register. This 30-day delay in effective
date can be waived, however, if an
agency finds for good cause that the
delay is impracticable, unnecessary, or
contrary to the public interest, and the
agency incorporates a statement of the
findings and its reasons in the rule
issued. We believe that it is in the
public interest to ensure that the RY
2007 final rule accurately represents our
prospective payment methodology and
payment rates and that a delay in the
effective date of these corrections would
be contrary to the public interest. In
addition, as the corrections made in this
document are not substantive in nature,
we also believe it is unnecessary to
delay the effective date to make such
corrections.
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: June 27, 2006.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. E6–10277 Filed 6–29–06; 8:45 am]
BILLING CODE 4120–01–P
PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\30JNR1.SGM
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 420, 424, 489, and 498
[CMS–6002–F2]
RIN–0938–AH73
Medicare Program; Requirements for
Providers and Suppliers To Establish
and Maintain Medicare Enrollment;
Correcting Amendment
AGENCY: Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule; correcting
amendment.
SUMMARY: This correcting amendment
corrects a technical error identified in
the final rule that appeared in the April
21, 2006 Federal Register entitled
‘‘Requirements for Providers and
Suppliers to Establish and Maintain
Medicare Enrollment.’’ In that final rule,
we require all providers and suppliers
(other than physicians or practitioners
who have elected to ‘‘opt-out’’ of the
Medicare program) to: (1) Complete an
enrollment form and submit specific
information to us; and (2) periodically
update and certify the accuracy of their
enrollment information to receive and
maintain billing privileges in the
Medicare program. The final rule also
implements statutory provisions
requiring us to ensure that all Medicare
providers and suppliers are qualified to
provide the appropriate health care
services. The effective date of the final
rule was June 20, 2006.
DATES: Effective Date: This correcting
amendment is effective on July 31, 2006.
FOR FURTHER INFORMATION CONTACT:
Michael C. Collett, (410) 786–6121.
SUPPLEMENTARY INFORMATION:
I. Background and Summary of Error
In FR Doc. 06–3722 (71 FR 20754), the
final rule entitled ‘‘Requirements for
Providers and Suppliers to Establish
and Maintain Medicare Enrollment’’
(hereinafter referred to the April 21,
2006 final rule), there was a technical
error that is identified and corrected in
the regulations text of this correcting
amendment. The provisions of this
correcting amendment are effective on
July 31, 2006.
On page 20781 of the April 21, 2006
final rule, we made a technical error in
the regulation text of § 498.3(b)(17). In
this paragraph, we inadvertently
omitted qualifying language related to
our authority to deny, in addition to
revoke, a provider or supplier’s
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